5 Steps to Selecting a Great LLC Name
Selecting your LLC name is probably the most exciting part of starting your LLC. Most people spend a fair amount of time on this process,thinking about how the name reflects on their personal identity and what it says about the personality and attitude of their business. In addition to these and other marketing considerations, applying the following five steps to the process of selecting your LLC name will reduce the risk of problems arising related to the name you select.
Step One: Make Your LLC Name Unique
Your LLC name should be unique. First, Missouri law requires that your LLC name be “distinguishable” from the name of any other business already registered in Missouri. Second, a unique name will clearly distinguish you from your competitors and avoid marketplace confusion. Third, a unique name will significantly reduce the risk of another company challenging your right to use the name and the risk of your LLC being sued by mistake.
Step Two: Select a Proper LLC Designation
Missouri law requires your LLC name to include one of the following words or abbreviations:
- Limited Liability Company
- LLC or L.L.C.
- Limited Company
- LC or L.C.
Additionally, under Missouri law, your LLC name may not include any of the following:
- Corporation
- Incorporated
- Limited Partnership
- Limited Liability Partnership
- Limited Liability Limited Partnership
- Any abbreviations of these words, including “Ltd.”
- Any words implying that the LLC is organized for a purpose other than as stated in its articles of organization
- Any words implying that the LLC is a governmental organization
Step Three: Check the Web
If you intend to support your business with a web site, you’ll probably want to use your LLC name, or your fictitious entity name (see Step 5), as the domain name of your web site. Therefore, before you finalize the your LLC name, check with a web hosting company, like HostMonster.com or GoDaddy.com, to see if the name you want is available. You don’t want to form your LLC and then learn afterward that you cannot use that name for your web site, because someone else has already taken it. Even if no one is using the exact name you intend to use, this step might reveal names similar to the one you are considering. If the name of the other business is too similar to the prospective name of your LLC, then you should consider that existing name in reworking your LLC name.
Four: Check with the USPTO
Next, check online with the United States Patent and Trademark Office at USPTO.gov to see if your LLC name, the name of your fictitious entity (see Step 5), the name of your web site, or any marketing phrase you plan to use, is already registered as a trademark. Taking this step will further reduce the risk of someone else challenging your right to use that name or phrase.
Step Five: Fictitious Entity Name
Finally, if you plan to operate and/or market your LLC under a name that is different than your LLC name, also known as a “fictitious entity” or a “d/b/a”, then apply Steps 1, 3, and 4 to that name. Talk to your attorney about registering the fictitious entity name and how to use that name in combination with your LLC name.
The information provided in this article is for general purposes only and is not intended as legal advice. Your circumstances may be unique, and you should therefore consult an attorney for advice regarding any of the issues discussed in this article.
Michael Sewell, MBA, JD, is the principal owner of Sewell Law, LC, d/b/a Sewell Law, which provides affordable legal services to small business owners.
You can reach Michael at (314) 757.7824, Michael@stlouisllcattorney.com, and www.stlouisllcattorney.com.
